(1) Existing law establishes the State Energy Resources Conservation and Development Commission and prescribes the authorities, duties, and responsibilities of the commission pertaining to energy matters. Existing law requires the commission, on or before January 1, 2019, in consultation with the Contractors State License Board, local building officials, and other stakeholders, to approve a plan that promotes compliance with specified regulations relating to building energy efficiency standards in the installation of central air conditioning and heat pumps, as specified. Existing law authorizes the commission to adopt regulations to increase compliance with permitting and inspection requirements for central air conditioning and heat pumps, and associated sales and installations, consistent with the above-described plan.
This bill would require the commission, on or before January 1, 2027, to establish a statewide certification program for licensed contractors of residential heat pump water heaters and heat pump heating, ventilation, and air conditioning (HVAC) systems to obtain a heat pump installation certification, and would require the commission to create a state training program, as described, on residential heat pump water heaters and heat pump HVAC systems for purposes of the certification program, as specified.
The bill would authorize a licensed contract to obtain a heat pump installation certification through the above-described program by completing specified tasks, including completion of the state training program described above. The bill would authorize a licensed contractor with a heat pump system installation certification described above to self-certify that the installation of a residential heat pump water heater or heat pump HVAC system, and all associated building and equipment modifications completed under the permit for each system, meets all relevant code requirements without any requirement that an inspector be present for the installation, and would require a city, including a charter city, county, or city and county to, among other things, accept the certification for those purposes, as specified. The bill would require a local entity described above to adopt and offer one or more alternative inspection options that do not require a licensed contractor and an inspector to be simultaneously present during the installation of a heat pump water heater or heat pump HVAC system, to be available to licensed contractors who do not have a certification described above. The bill would require the local entity, if the local entity has an internet website, to publish all requirements for contractors to obtain the above-described certification, or to complete inspections without a certification pursuant to the above-described alternative inspection option.
The bill would authorize a city, including a charter city, county, or city and county, except as specified, to issue up to one nondiscretionary permit per installation of a residential heat pump water heater or heat pump HVAC system in which the local entity administratively approves an application to install the residential heat pump water heater or heat pump HVAC system and the application is subject to a limited review.
The bill would prohibit a local entity described above from applying additional standards on the installation of residential heat pump water heater or residential heat pump HVAC systems as specified, and would require those standards to be null and void, except as specified. The bill would, notwithstanding those provisions, authorize additional standards to be applied that conform to local laws designed to require the adoption of zero-emission equipment, or improvement of building efficiency. The bill would prohibit a local entity from requiring a permit or inspection for any low voltage plug-in appliance, as defined.
The bill would require a city, including a charter city, county, or city and county, on or before July 1, 2027, and except as specified, to implement an online automated permitting process that verifies code compliance and issues permits in real time within the same day of the application being submitted, or allows the local entity to issue permits, as described above, to a licensed contractor for the installation of a residential heat pump water heater or residential heat pump HVAC system. The bill would require a permit to be issued pursuant to the automated permitting process, upon discretion of the administering jurisdiction, if the installation complies with specified checklist requirements. The bill would require a local entity described above to report to the commission when it implements the above-described automated permitting platform. In this regard, the bill would require the commission, on or before July 1, 2026, to develop a standardized code compliance checklist that is designed for local jurisdictions to use in verifying whether the installation of a residential heat pump water heater or residential heat pump HVAC system is compliant with specified codes, as provided. If the local entity has an internet website, the bill would require the local entity to publish and make publicly available, among other things, that checklist on their internet website. The bill would, upon confirmation by the local entity that the application and supporting documents are complete and meets specified requirements, deem the application complete and require the local entity to approve the application and issue all required permits or authorizations. The bill would, upon receipt of an incomplete application, require the local entity to issue a written correction notice, as specified.
The bill would, except as specified, prohibit a city, including a charter city, county, or city and county from charging a residential permit fee for heat pump water heaters and heat pump HVAC systems that exceeds the estimated reasonable cost of providing the service for which the fee is charged, subject to specified requirements, including that the residential permit fee for a heat pump water heater system does not exceed $50. The bill would, notwithstanding that provision, authorize a local entity described above to charge a residential permit fee for the installation of a heat pump water heater or heat pump HVAC system that exceeds the above-described fee limit, as specified, if the local entity, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit, and would prohibit the local entity from applying additional charges above the advertised fee schedule.
The bill would include findings and declarations related to these provisions.
(2) Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments. Among other things, the act makes a provision of the governing documents, as defined, or architectural or landscaping guidelines or policies void and unenforceable if, among other things, the provision prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf.
This bill would additionally make any provision of the governing documents, architectural guidelines, or policies void and unenforceable if the provision prevents the replacement of a fuel-gas-burning appliance with an electric appliance. The bill would also make any covenant, restriction, or condition contained in any, among other specified agreements, deed, and any provision of a governing document, that effectively prohibits or restricts the installation or use of a residential heat pump water heater or heat pump HVAC system, void and unenforceable.
(3) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.